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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/03/2015 - SECOND READING OF ORDINANCE NO. 020, 2015, EXTENDIAgenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY March 3, 2015 City Council STAFF Dan Coldiron, Chief Information Officer SUBJECT Second Reading of Ordinance No. 020, 2015, Extending the Terms of a Non-Exclusive Franchise by the City of Fort Collins to Comcast of California/Colorado LLC and its Successors and Assigns for the Right to Make Reasonable Use Of, and Erect, Construct, Operate and Maintain Through, the Public Rights-of-Way, Easements and Other Public Property Any Equipment Necessary and Appurtenant to the Operation and Maintenance of a Cable System and the Provision of Cable Services to Citizens Within the City. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on February 17, 2015, extends the current Cable Franchise Agreement between the City of Fort Collins and Comcast of California/Colorado, LLC (Comcast) for a period of 90 days, to June 14, 2015. The current agreement expires March 16, 2015. City staff and Comcast representatives are in the very final stages of negotiations, anticipating mutual agreement on the final elements of the new agreement very soon. The proposed extension will maintain the terms and conditions of the existing Franchise for the duration of the extension. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, February 17, 2015 (PDF) 2. Ordinance No. 020, 2015 (PDF) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY February 17, 2015 City Council STAFF Dan Coldiron, Chief Information Officer SUBJECT First Reading of Ordinance No. 020, 2015, Extending the Terms of a Non-Exclusive Franchise by the City of Fort Collins to Comcast of California/Colorado LLC and its Successors and Assigns for the Right to Make Reasonable Use Of, and Erect, Construct, Operate and Maintain Through, the Public Rights-of-Way, Easements and Other Public Property Any Equipment Necessary and Appurtenant to the Operation and Maintenance of a Cable System and the Provision of Cable Services to Citizens Within the City. EXECUTIVE SUMMARY The purpose of this item is to request the extension of the current Cable Franchise Agreement between the City of Fort Collins and Comcast of California/Colorado, LLC (Comcast) for a period of 90 days. The current agreement expires March 16, 2015. City staff and Comcast representatives are in the very final stages of negotiations, anticipating mutual agreement on the final elements of the new agreement very soon. The proposed extension will maintain the terms and conditions of the existing Franchise for the duration of the extension. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The current Cable Franchise Agreement between the City of Fort Collins and Comcast of California/Colorado, LLC (Comcast) was adopted by City Council on March 7, 2006. The current Franchise agreement will expire on March 16, 2015. The Federal Telecommunications Act allows cities and cable companies to begin negotiations up to 36 months prior to the expiration of a franchise. The City began the process in February, 2013 by issuing a Request for Proposal for consulting services to obtain a community needs assessment. Staff first met with City Council in April, 2014 to present the needs assessment report, identify issues to be addressed in the negotiations, and to obtain Council direction related to those issues. Over the course of the ensuing 10 months, City staff and Comcast negotiators met frequently and negotiated terms for most of the franchise requirements. There are, however, six items that remain unresolved, and the City’s proposal requires further discussion between the City’s negotiations team and Comcast representatives. The remaining items are of particular importance to the City of Fort Collins, citizens, and the Public, Education and Government (PEG) access community within Fort Collins. The proposed 90 day extension is anticipated to allow adequate time for the parties to fully discuss and to reach agreement on these items. ATTACHMENT 1 - 1 - ORDINANCE NO. 020, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXTENDING THE TERMS OF A NON-EXCLUSIVE FRANCHISE BY THE CITY OF FORT COLLINS TO COMCAST OF CALIFORNIA/COLORADO LLC AND ITS SUCCESSORS AND ASSIGNS FOR THE RIGHT TO MAKE REASONABLE USE OF, AND ERECT, CONSTRUCT, OPERATE AND MAINTAIN THROUGH, THE PUBLIC RIGHTS-OF-WAY, EASEMENTS AND OTHER PUBLIC PROPERTY ANY EQUIPMENT NECESSARY AND APPURTENANT TO THE OPERATION AND MAINTENANCE OF A CABLE SYSTEM AND THE PROVISION OF CABLE SERVICES TO CITIZENS WITHIN THE CITY WHEREAS, Comcast of California/Colorado LLC (“Comcast”), currently holds a cable franchise (the “Franchise”) with the City of Fort Collins, granted by Ordinance No. 010, 2006, on March 7, 2006; and WHEREAS, the Franchise is scheduled to expire by its terms on March 16, 2015; and WHEREAS, Comcast and the City are in the process of negotiating a renewal of the Franchise; and WHEREAS, Comcast and the City need additional time to complete negotiations, which the parties believe will take no more than 90 days, concluding on June 14, 2015; and WHEREAS, it is in the best interests of the citizens of the City to extend the term of the Franchise for an additional 90 days; and WHEREAS, neither party waives any right that it enjoys under law as a result of agreeing to this Franchise extension, and Comcast shall not be required to file any additional request or document in order to preserve its right of renewal under Section 626 of the Cable Act; and WHEREAS, Comcast has agreed to the extension of the Franchise as set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, as follows: Section 1. That the Franchise between Comcast and the City is hereby extended for a period of 90 days, to expire on June 14, 2015. The Franchise shall remain in effect, pursuant to the terms and conditions contained therein, until the new expiration date, or until a new agreement is entered into between the parties, or until the Franchise is terminated pursuant to its terms. Section 2. That if any portion of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the constitutionality or validity of the - 2 - remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared unconstitutional or invalid. Section 3. That all other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Introduced, considered favorably on first reading, and ordered published this 17th day of February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk